Resolution Number 16-05-03-04RESOLUTION NO. 16-05-03-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING STAGE 2 IRRIGATION
SCHEDULE AND MONTHLY DROUGHT LIMITS AND REPEALING
RESOLUTION NO. 15-06-16-05
WHEREAS, the Governor of the State of California has declared a fourth year of
exceptional drought in the State, and the State of California Water Resources Control
Board (SWRCB) has promulgated emergency regulations applicable to all water
consumers and all urban water suppliers (including the City) to conserve water; and,
WHEREAS, on April 1, 2015, Governor Brown issued an Executive Order B-36-15
to strengthen the State's ability to manage water and habitat effectively in drought
conditions, and calling on all Californians to achieve a statewide 25 percent reduction in
potable urban water usage through February 2016, as compared to the amount used in
calendar year 2013; and,
WHEREAS, on November 13, 2015, Governor Brown issued an Executive Order B-
29-15 calling for an extension of urban water use restrictions through October 31, 2016,
should drought conditions persist; and,
WHEREAS, given the severity of the water deficits over the past four years, many of
California's reservoirs and groundwater basins remain depleted and the need for continued
water conservation persists; and,
WHEREAS, Water Code section 1058.5 grants the State Water Board the authority
to adopt emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion, of
water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in furtherance
of any of the foregoing, to require reporting of diversion or use or the preparation of
monitoring reports;" and,
WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted
California Code of Regulations, Title 23, Section 866, and re-adopted sections 863, 864,
and 865 as an emergency regulation ("Emergency Regulation"), remaining in effect for 270
days, unless deemed no longer necessary due to changed conditions, or renewed due to
continued drought conditions; and,
WHEREAS, on February 2, 2016, the State Water Resources Control Board
readopted California Code of Regulations, Title 23, Sections 863, 864 , 865, and 866 as an
emergency regulation ("Emergency Regulation"), remaining in effect for 270 days, unless
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deemed no longer necessary due to changed conditions, or renewed due to continued
drought conditions; and,
WHEREAS, Section 865 (c) (1) of the Emergency Regulation states: "To prevent
the waste and unreasonable use of water and to meet the requirements of the Governor's
November 13, 2015, Executive Order, each urban water supplier shall reduce its total
potable water production by the percentage identified as its conservation standard" relative
to its service area's per capita water usage; and,
WHEREAS, the City of San Juan Capistrano's conservation standard mandate
required a reduction of total potable water production by 28%, immediate action was
required in adopting an Urgency Ordinance to add an additional stage of shortage with
additional restrictions and penalties; and,
W HEREAS, Section 865 (f) of the Emergency Regulation provides urban water
supplier's conservation standard to be reduced in consideration of the differences in
climate affecting different parts of the state, growth experienced by urban areas and
significant investments that have been made by some suppliers towards creating new,
local, drought-resilient sources of potable water supply; and,
WHEREAS, in April 2016, the City of San Juan Capistrano was granted a modified
conservation standard by Section 865 subdivision (f) (2) of the Emergency Regulation to
account for water efficient growth since 2013; and,
WHEREAS, on June 2, 2015, the City adopted Urgency Ordinance No. 1024, to add
an additional water-shortage stage with additional restrictions and to authorize additional
conservation measures, penalties and restrictions to reduce water use by the Emergency
Regulation required percentage relative to its service area's relative per capita water
usage; and,
WHEREAS, the City of San Juan Capistrano is an "urban water supplier" as defined
in Water Code Section 10617, and is therefore required to comply with the immediate
requirements of the Emergency Regulation by continued implementation of the
conservation measures for Stage 2, which are part of the approved Water Shortage
Contingency Plan, which is now codified at Sections 6-12.05 and 6-12.06 of Title 6,
Chapter 12, of the San Juan Capistrano Municipal Code; and,
WHEREAS, Section 6-12.06, subd. (b)(2), requires the City to establish by
resolution an assigned schedule for outdoor irrigation using potable water; and,
WHEREAS, Section 6-12.03 requires the City to establish by resolution the basis for
calculating a customer's monthly drought limit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby assign the following outdoor irrigation schedules, effective
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immediately: for residential customers with odd-numbered street addresses, irrigating only
on Mondays and Thursdays; for residential customers with even-numbered street
addresses, irrigating only on Wednesdays and Saturdays; and for all other accounts
including commercial properties and dedicated landscape irrigation meters, irrigating only
on Tuesdays and Fridays; and
The basis for establishing a customer's monthly drought limit is the customer's
calculated water budget allocation for the same month in 2013, less the conservation
standard assigned to the City of San Juan Capistrano by the current Emergency
Regulation Section 856 or the conservation standard amended by State Water Resources
Control Board. For purposes of this Resolution, the customer's calculated water budget
allocation shall mean the budget allocated pursuant to that certain rate study dated April
22, 2014, and adopted by Resolution 14-06-17-10; as such rate study may be amended
from time to time. New accounts established after 2013 will be assigned a monthly
drought limit that reflects those of similar customer accounts. Modifications to the
mandatory conservation standards assigned to the City by the State Water Resources
Control Board will take effect for water bills dated no later than 30 days after the
communication of such changes to the City; and,
The City Manager is hereby authorized and directed to take all necessary action to
implement Water Shortage Stage 2, which imposes, among other things, mandatory
limitations on landscape irrigation, and excessive water use violations for exceeding
Monthly Drought Limits, consistent with Title 6, Chapter 12 of the Municipal Code, as
amended.
This Resolution replaces and supersedes Resolution 15-06-16-05, which is hereby
repealed in its entirety.
PASSED, APPROVED, AND ADOPTED this 3rd day of May 2016.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 16-05-03-04 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 3rd
day of May 2016, by the following vote:
COUNCIL MEMBERS: Reeve, Perry, Allevato, Ferguson and Mayor Patterson
COUNCIL MEMBERS: None
OUNCIL MEMBERS: None
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